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VANSCOT CONCRETE CO. v. BAILEY

No. 2-91-222-CV.

843 S.W.2d 193 (1992)

VANSCOT CONCRETE COMPANY d/b/a Express Pennington, Appellant, v. Wallace BAILEY, Jr., Appellee.

Court of Appeals of Texas, Fort Worth.

Rehearing Overruled January 6, 1993.

Attorney(s) appearing for the Case

Decker, Jones, McMackin, McClane, Hall & Bates, and Daniel L. Bates, Robert B. Wagstaff, Louis E. Sturns, Fort Worth, for appellant.

Law Offices of Don Prager, P.C., and Don Prager, Law Offices of David Osborn, and David Osborn, Fort Worth, for appellee.

Before FARRIS, DAY and CLYDE R. ASHWORTH (Retired, Sitting by Assignment), JJ.

OPINION

FARRIS, Justice.

The issue in this case is whether or not an appeal can be brought in the name of a nonexisting appellant. We hold that it cannot and order the appeal dismissed.

This is a ghost story with two ghosts. One is the specter of limitations; neither party's brief mentions it, but it is a specter that is never out of mind. The named appellant, Vanscot Concrete Company, is the other ghost.

Vanscot Concrete Company was merged...

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